AMAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) SOLE appellant, being aggrieved by his conviction for offence under Sections 328/111 and 115 of the Indian Penal Code and sentence of rigorous imprisonment for 7 years and 5 years and fine of Rs. 1,000/- for each of the offences, in default to suffer rigorous imprisonment for 3 months, passed by the Third Addl. Sessions Judge, Chhindwara in Sessions Trial No. 53/89, by judgment dated 1-9-1989, has preferred this appeal.

(2.) ACCORDING to the prosecution, deceased Revti Bai had illicit relationship with the appellant since six months prior to the date of incident and the said fact was known to her husband P. W. 1 Gangaram. According to the prosecution, Gangaram however did not make any report of the said fact believing that it would defame them. Gangaram had purchased a land from the father of the appellant, but formal documentation of the sale-deed had not taken place and according to the prosecution, appellant used to promise that he will get the sale-deed registered and on that pretext, continued with the illicit relationship with Revti Bai. On 20-4-1988, according to the prosecution, Gangaram was going towards Amarwara in connection with the registration of the sale-deed and hardly he had travelled for two furlongs, his son P. W. 2 Dashralh came and informed him that Revti Bai had consumed something. Gangaram returned immediately and on enquiry, Revli Bai told him that it was the appellant who had given poison to be administered to him, which she had consumed. Thereafter, Revti Bai became unconscious and proper treatment being not available in the village, Gangaram started for hospital for her treatment, but she died in the way. Gangaram gave report to the Police Outpost, Singaudi and on receipt thereof, P. W. 8 Ramesh Singh, Head Constable came to the place of incident and prepared the inquest report. He also seized a bottle containing poison and sent the dead-body for post-mortem examination. Post-mortem was conducted by P. W. 4 Dr. S. K. Gupta, who found no external or internal sign of poisoning but preserved the viscera. The same was sent for chemical examination to the Forensic Science Laboratory and poison was found on it.

(3.) POLICE after usual investigation, submitted charge-sheet against the appellant and he was ultimately committed to the Court of Sessions to face the trial. Appellant denied to have committed any offence and his plea was that he had not given poison to Revti Bai to be administered to her husband Gangaram. His further plea was that Gangaram had forcibly taken possession of the land and he had been falsely implicated in the case.